Resettlement Plan August 2013 TIM: Road Network Upgrading Sector Project Prepared by the Government of {complete and accurate name of government agency or private sector project sponsor} for the Asian Development Bank.
Resettlement Plan of Manatuto-Laclubar-Natarbora Road A-09 & C-15
EXECUTIVE SUMMARY 1. Physical infrastructure development, particularly road network improvement is recognized by the Government of Timor-Leste (GoTL) as one of the top priorities to accelerate the country s new economic opportunities and poverty reduction. 2. The road network of Timor-Leste comprises about 1,430 km of National Roads, and 870 km of District Roads. The National Road Network, which links the country s 13 National Districts, comprises the East-West Northern Coastal Road, the East-West Southern Coastal Road, and five North-South Roads, which connect with the two Coastal Roads. 3. The Conselho de Administracao do Fundo Infrastrutura (CAFI) is the Executing Agency (EA). The Ministry of Public Works (MPW) as implementing agency (IA) is responsible to manage implementation of the proposed Road Network Upgrading Sector Project (RNUSP) through a Project Management Unit (PMU). The RNUSP includes improvement and upgrading of priority national roads under following subprojects: (i) Manatuto-Natarbora; (ii) Laclubar Spur; (iii) Baucau-Lautten; (iii) Lautem-Com; (iv) Baucau-Venilale; (v) Venilale-Viqueque; (vi) Lautem- Lospalos. 4. The 91km Manatuto-Laclubar-Natarbora road is core sub-project under RNUSP, which comprises three sections: (i) Improvement of existing road from Manatuto to Laclubar Junction, (ii) Laclubar Junction to Natarbora; and (iii) Laclubar Junction to Laclubar town proper. The subproject road starts at Manatuto town proper national road, SucoSau at the Rotunda monument (at km 65+235) and ends at the intersection of Natarbora (at km 144+000) under Suco Manehat with about 80 km in length from the start. The road subproject will also include the 11 km from junction road (at km 100+266) to Laclubar town proper (at km 110+566) to rehabilitate the road using the existing road width and the alignment. The total length of the Manatuto-Laclubar- Natarbora Road is 91km. 5. The strategy for the Project is to minimize land requirements by confining the construction works within existing road corridor or on the government-owned land. Implementation of physical works for widening, raising, improvement of gradient and the embankment will be carried out by adjusting within the existing space available along the road corridor. The project interventions, for improvement of the Manatuto-Natarbora road, for which this Resettlement Plan (RP) has been prepared, will not involve significant resettlement impact. It has a very insignificant acquisition of land, and will not involve significant physical displacement of people from housing. 6. The sub-project works for widening of the existing road will involve some resettlement impacts. Based on a combined census and socioeconomic survey carried out between February to March 2013, there are 34 households that hold permanent, semi-permanent and temporary structures to be affected for improvement of the road widening. Four kiosks and 9 shops, 2 residential structures and 6 fences that need to be relocated and reconstructed. The removal of 39 trees is needed in order to clear off the right of way on the easement land. The road alignment will also have to acquire portion of government and private/community owned land. A summary of impacts are shown in Table 1.
Table 1: Summary of Impacts Impact Category Magnitude of Impact Affected Household 34 Households Affected Persons 171 Persons Number of residential structures 2 Structures Affected Kiosks/Shops 13 Kiosk/shops Total area of affected structures 152.90 m 2 Total area of affected land 9541 m 2 Total number of affected fence 6 Fence Affected Trees 39 Trees 7. The census combined with socioeconomic survey has estimated a total of 171 affected persons (APs), splitting into 89 male and 82 female (Table 2). A list of the affected household heads with magnitude of impact is given in Annex 2. The sub-project is classified as category B. Table 2: Population of APs SI no. Description No. of APs Percent (%) 1 Male 89 52 2 Female 82 48 Total 171 8. During the feasibility study and the detailed design, a screening was undertaken to identify any indigenous peoples (IP) and potential project impacts. The finding was that no affected population along the project road which could be classified as IP as defined under ADB s Safeguard Policy Statement (SPS). All the surveyed APs can nevertheless be termed as mainstream Timor-Leste citizens. All the surveyed APs were found to be members of the Catholic Church, while maintaining ancestral beliefs and rites. However, if any groups having a distinct social structure and communal-based land tenure such as commons and grazing lands are identified during construction, adequate measures will be adopted to ensure that they also receive compensation regardless of their legal title or ownership. 9. To address the resettlement impacts under the Manatuto-Laclubar-Natarbora Road, MPW has formulated this RP following ADB s safeguard requirements on involuntary resettlement under the SPS, and in conformity with the resettlement principles and procedures outlined in the Resettlement Framework (RF) adopted by the Government of Timor-Leste for the Project. 10. The Project will follow the approach of negotiated settlement. All the APs will be compensated at negotiated rates that ensure compensation is at least at replacement cost in order to ensure that they will be as well off as without the Project. The compensation and entitlement matrix is presented in Table 4.1. All APs will be entitled to receive entitlements as set out in the RP. 11. Fair compensation for affected assets has been estimated in the RP based on rapid appraisal and in consultation with APs and their communities, and relevant local authorities during the census and inventory of loss survey. This estimated compensation will be finalized in coordination with the Directorate of Land, Property and Cadastral Services (DLPCS). The DLPCS will set up a committee under the Directorate and coordinate with the MPW/PMU, a professional valuation specialist is hired to establish a basis for fair compensation for affected assets for road improvement to be used in negotiation. The information gathered through rapid appraisal and consultation with the project affected people and their community, and relevant
local authorities during the census will be updated accordingly before the negotiation for final compensation for affected assets. 12. APs will also receive a reconstruction and relocation cost; each AH having income loss will also receive a transitional allowance of US$ 100 per month (which is around average monthly income of APs) for 2 months. The vulnerable APs or women HH will be entitled to an additional transitional allowance for 1 month at monthly rate of US$ 100.00. This rate of US$ 100 as transitional allowance will be entitled for 4 months for the widow headed HH. 13. A grievance redress mechanism will be established to solve disputes and complaints from APs, including: (i) a PMU focal point (e.g. subproject manager) at subproject level; (ii) committees/groups at District and Suco levels. The mechanism will try to resolve grievances at local level with the assistance of local leaders. The chairperson of Suco level group will be the initial grievance focal point to receive and facilitate project related concerns or disputes. She/he will immediately advise the PMU focal point/subproject manager, who will arrange for any matters concerning the project to be addressed immediately through a site visit and consultations. Any grievance which cannot be settled at the Suco level will be submitted to the District level committee or PMU. At each stage the conduct of grievance resolution will be done in coordination with local authorities, MOJ/DLPCS and MPW/PMU. Other than disputes relating to land ownership rights, most grievances related to resettlement benefits, relocation of structures, and other assistance will be resolved at subproject level. When grievances have finally not been resolved at the project level, the AP can submit the case to the civil courts for an early resolution. 14. A summary of the draft and final RP and the entitlement matrix will be translated into local language (Tetum/Portuguese) and disclosed to stakeholders, especially affected persons, by the MPW. This will be presented in the form of a pamphlet/brochure to enable the APs and local communities to read it and be aware of the subroject s benefit/compensation available for the APs, as per provision in the entitlement matrix. This will also include Entitled Persons List describing all particulars of compensation for each AP. MPW field staff / consultant will distribute the brochures through Suco meetings and will explain the mechanisms and procedures of the compensation program. 15. The PMU under the MPW will have overall responsibility for implementing the subproject. The PMU will strengthen its capacity with an appointment of MPW focal staff for land issues and social safeguard specialists to plan and implement resettlement, train counterpart staff and monitor resettlement in the sub-project. To this end an Environmental and Social Unit (ESU) will be established in the PMU, staffed by an MPW focal staff for land issues, a national social safeguards specialist and an international social safeguards specialist. The safeguards specialist under the design and supervision consultants will be responsible for subproject level activities in coordination with the PMU. 16. The RP for Manatuto-Laclubar-Natarbora road upgrading will require a total of 86,175.00 USD (0.086 million US Dollar), out of which 78,341.00 USD is direct resettlement expense and the rest is kept to meet contingency expenses. Table 9.1 details the segregation of this amount. The included cost items are in compliance with the RF used in the preparation of this RP budget. A 10% of the total direct expenses of the budget are kept to meet contingency expenses covering the unforeseen impact cost, administrative and its associated costs.
17. All costs associated with land purchase and resettlement will be provided by the government. The MOF/MPW will ensure that adequate funds are available for carrying out resettlement according to the budgets prepared for the sub-project. The PMU will facilitate the negotiation process and coordinate/undertake allocation of resettlement budget, approval of payments, and delivery of funds, monitoring of progress and reporting. 18. The financial resources for the RP implementation will be available before the starts of the civil works. After the RP is finalized and approved by MPW and ADB, the actual implementation of RP will immediately begin. It is required to compensate the APs prior to construction activities in compliance with the SPS and RF.
1. INTRODUCTION 1.1 Background 1. In the short time since becoming an independent and sovereign Nation, Timor- Leste has been establishing the foundations for a stable and safe State and for a strong economy. In order to create jobs for the people and to ensure that the entire country benefits from the wealth flowing from natural resources, it is necessary to develop a vibrant market economy, with a strong and diversified private sector. The Government of Timor Leste (GoTL) developed a Strategic Development Plan to enable the development of the country s productive sectors, covering the improvement of telecommunications, ports, airports, roads, bridges, drainage and the provision of drinking water. Physical infrastructure development, particularly road network improvement is recognized by the GoTL as one of the top priorities to accelerate the country s new economic opportunities and poverty reduction. The core road network of Timor-Leste comprises about 1,430 km of National Roads, and 870 km of District Roads. The National Road Network, which links the country s 13 National Districts, comprises the East-West Northern Coastal Road, the East-West Southern Coastal Road, and five North-South Roads, which connect with the two Coastal Roads. 2. GOTL has requested Asian Development Bank (ADB) to finance Road Network Upgrading Sector Project (RNUSP). RNUSP will comprise following subprojects: (i) Manatuto- Natarbora; (ii) Laclubar Spur; (iii) Baucau-Lautten; (iv) Lautem-Com; (v) Baucau-Venilale; (vi) Venilale-Viqueque; (vii) Lautem-Lospalos. 3. The Conselho de Administracao do Fundo Infrastrutura (CAFI) will be project executing agency (EA) and the Ministry of Public Works (MPW) will be implementing agency (IA). MPW will manage implementation of the Project through existing Project Management Unit (PMU), supported by the consultants. 4. RNUSP will undertake construction works under sub-projects to stabilize structures of slopes, improve drainage structures to meet forecasted rainfall volume and intensities, and replace the existing pavements with selective alignment improvement. The RNUSP will also develop long-term systems for efficient, high quality maintenance and emergency response through training programs to local communities and businesses so that they can undertake minor repairs and routine maintenance. The objective of the Project in investing in the key road infrastructure is to reduce the impact of the high volume and intensity of rainfall on the road corridor. 5. The strategy for RNUSP is to minimize land requirements by confining the construction works under subprojects within existing road corridors or on the government-owned land. Implementation of physical works with widening, raising, improvement of gradient and the embankment will be carried out by adjusting within the existing space available along the road corridor. None of the subprojects under RNUSP are expected involve significant resettlement impacts. The Resettlement Framework (RF) for RNUSP describes potential impacts and procedures to address such impacts under RNUSP subprojects. This Resettlement Plan (RP) is prepared for core subproject Manatuto-Laclubar-Natarbora. The RF and RPs are prepared following ADB Safeguard Policy Statement (SPS) and relevant laws of Timor-Leste.
2 1.2 Sub-Project Description 6. The sub-project will upgrade and rehabilitate road and bridges from Manatuto-Natarbora. The construction works will be implemented tentatively in 2014 and will have a construction period of about 24 months. The sub-project starts at Manatuto town proper, SucoSau at the Rotunda monument (at kilometer 65+235) and ends at the intersection of Natarbora (at km 144+000) under Suco Manehat with about 80 km in length from the start. The subproject will also include 11 km from the junction road (at km 100+266) to Laclubar town proper (at km 110+566) to rehabilitate the road using the existing road width and the alignment. The total length of the Manatuto-Laclubar-Natarbora Road is 91km. A Project Location Map is presented in Figure 1. Figure 1: Location Map 7. In the detailed design, the proposed road upgrading alternates were recommended and divided into seven homogenous sections taking into account varying terrain characteristics along the route and conditions/features of the road. The detail is summarized below: Length Width Sect Section Name From To Remarks (km) (m) 1 Manatuto-Cribas (A09-1a) Km65.2 - km82 16.8 4.5 Flat/Rolling Terrain 2 Manatuto-Cribas (A09-1b) Km82 - km88 6.0 4.5 Flat terrain, asphalt surface good 3 Cribas - Laclubar Jct (A09-2) Km88 - km99.5 11.5 3.5-4.0 Rolling/Mountainous terrain, heavy deterioration 4 Laclubar Jct Manehat (A09-3) Km99.5 - Km133 33.5 3.5-4.5 Rolling/Mountainous terrain, gravelly road 5 Manehat Natarbora (A09-4a) Km133 - Km140.5 7.5 4.5 Rolling, asphalt surfacing deteriorated 6 Manehat Natarbora (A09-4b) Km140.5 - Km144.7 4.2 4.5 Flat terrain, asphalt surface good
3 Sect Section Name From To Length Width (km) (m) Remarks 7 Laclubar Jct - Laclubar Km0 - Km10.3 10.3 3 to 3.5 Rolling/Mountainous heavy deterioration, gravelly surface 8. The road improvement works includes widening of the existing road to achieve a width up to 8 to 9 meters wide carriageway for urban like in Manatuto Vila and Suco Cribas central areas, together with shoulder width on each side, including drainage construction. In rural areas like from junction Laclubar up to town proper, the limit of 4.5 to 6 meters width of carriageway is enough to improve the road traffic condition. These improvements in rural areas require strips of land along either side of the existing embankment of about 1 to 1.5 meters. A side walk will be provided in rural areas were as maximizing the space by using the top of the drainage. In the urban areas, the resettlement impact has been avoided or minimized by careful attention to the detailed design of the alignment since it is desirable to stay close to the existing alignments as far as possible. This involves some compromise on reducing the embankment at certain sections of the tortuous stretch, but not to the extent of creating potentially uneasy to and for traffic on the road. 1.3 Objective of RP 9. In line with ADB s safeguard policy on Involuntary Resettlement, the RP has the following objectives: Land acquisition and resettlement will be avoided, where possible, and otherwise minimized through appropriate designs; Resettlement will be conceived and executed as part of the project; Affected people (APs) will be meaningfully consulted, and be facilitated to participate in planning and implementing the RP; and APs will be assisted to improve, or at least restore their livelihoods and standards of living to pre-project levels. 1.4 RP-related Conditionality 10. The starts of the civil works will be contingent on the compliance to the following conditions: Approval of this RP by the MPW and ADB Full disclosure of this RP to the APs Satisfactory implementation of the RP including the delivery of compensation to APs Granting of No objection by ADB to commence civil works 2. SCOPE OF LAND ACQUISITION/RESETTLEMENT 2.1 Measures adopted to minimize Land Acquisition and Resettlement impact 11. Improvement with widening of the road is planned to be carried out limiting within the 8 meters existing width of the road corridor. The road pavement width will be 6 meters all the way except in road going to Laclubar town proper from the Laclubar junction, which will be 4.5 meters. The shoulder provision is proposed up to 1-1.5 meters and 1 meter for drainage canal.
4 Initially, the proposed widening of the road involved impacts on land, structures, trees and other assets in several locations. In subsequent effort to avoid and minimize resettlement impacts to the extent possible, the sub-project adopted a strategy to reduce the embankment width at certain sections, including: adjusting within the available government-owned lands; staying within or close to the existing alignment as far as possible to avoid land obtaining impact; realigning the embankment to avoid structure or the built-up areas where possible; paying careful attention to the detailed alignment in the vicinity of sensitive cultural features such as cemetery and places of worship in order to avoid impacts upon them. 12. Typical road Sections for urban and rural areas applied in this subproject to minimize resettlement impact is shown in the figure 2 below. Figure 2: Typical Section
5 13. Following the above alternatives, a great extent of land impact has been minimized. In the preliminary assessment, a total of 48 households (HHs) with about 198 affected persons (APs) were estimated to be impacted. After reviewing the impacts and the necessary realigning of the road stretch, the number of households has been substantially reduced to only 34 HH. Impacts on other 14 HHs were avoided since the road going to Laclubar town proper from the junction will be improved within the 4.5 meters existing width. Table 2.1 shows the measures taken to minimize the resettlement impacts along the road corridor. Districts Table 2.1: Measures to minimize resettlement No. of APs to Total No. of owner of No. of structures be affected structures to be avoided after before affected before mitigation mitigation mitigation measures measures measures No. of APs to be affected after mitigation measures Manatuto vila 20 12 91 84 Laclubar 15 10 47 53 Soibada 9 8 38 34 Natarbora 4 4 22 0 Total 48 34 198 171 2.2 Scope and Rationale for Land Acquisition/Resettlement 14. As stated above, improvement of the Manatuto-Natarbora Road will be carried out mostly within the 8 meters existing width of the road corridor, requiring marginal additional land on some sections with minor resettlement impacts. Widening and improvement of the road will partly affect 34 households (171 APs) owning 1 permanent and 1 temporary structure, 9 shops (7 permanent and 2 semi-permanent) and 4 temporary kiosks. Other affected assets are 6 bamboo fences, 3 concrete slabs, 1 public faucet and 1 temporary stock room. About 39 trees of different species will be affected along the government-owned as well as privately claimed land along the road alignment. The improvement of the alignment will affect 6 land plots, among these 4 AP households claim communal ownership and 2 AP households claim private ownership. Some of the minor re-alignment falls within the government owned land. The existing road corridor is deemed to be stretching on government land. For understanding the adverse social and resettlement impacts of the sub-project interventions, a 100% census combined with socioeconomic survey was carried out during 25 28 February 2013 to make an inventory of losses (IOL), assessment of compensation, and to develop a baseline of socioeconomic status of the households likely to suffer from project implementation. A structured questionnaire (Annex 1) was used to collect details of the affected households (AHs). Photographs were taken at the time of carrying out the survey works, showing below as the records of evidence.
6 Tagging and Socio-economic survey of APs was conducted along the project area from Manatuto vila sub-district to Natarbora sub district. 2.3 Summary of Impacts 15. Table 2.2 summarizes the resettlement impact of the Project, section 2.4.3 of this chapter details the losses in each category. Table 2.2: Summary of Impacts Impact Category Magnitude of Impact Affected Families 34 Households Affected Persons 171 Persons Affected residential structures 2 Structures Affected Shops 9 shops Affected Kiosks 4 kiosk Other improvements 3 improvements Total area of affected structures 152.90 m 2 Total area of affected land 9541 m 2 Total number of affected fence 6 Fence Affected Trees 39 Different Species of Trees 16. It is assessed that the potential resettlement impacts of this subproject is not significant and the subproject is classified as category B. 2.4 Impact Assessment 2.4.1 Affected Households and Persons 17. There are 34 households that will be affected by the road project. The total number of members of these families is 171 persons. Among these, 2 household owning residential structures that will be affected. Number of affected Household owning other types of improvement is 34. Among APs, 89 are male and 82 are female. A list of the affected household and affected persons with magnitude of impact is presented in Annex 2.
7 2.4.2 Impact on Land 18. To minimize the impact on resettlement, almost the entire road improvement works is proposed to be carried out within the existing road corridor or on the land owned by the government. In Manatuto area km 63 + 500 and Laclubar at Km 99 + 200 sections, the widening of the road will encroach into private land of about 1.5 to 2 meters average from the edge of the existing carriageway parallel along one side only. This is necessary to improve the existing critical section of the road for the safety of traveling public. There are 6 households owning community and private land that will be affected by the road improvement works. Based on the Socio-economic survey, the AHs or claimants are willing to transfer or cede their claims over the small portion of their land for the betterment of the road. During the disclosure process, APs will be evaluated based on the RF and they will be informed of their rights on entitlements before they make their final decision on transfer. The area of the affected private land is 3,218 m2 and 6,323 m2 from the government owned land. See Table 2.3 and 2.4 descriptions. Classification of affected land Area Affected M 2 Table 2.3 Summary of Impact on Land Present Uses of land Affected (HH) Type of Ownership Magnitude of Impact Initial Agreement with Claimants Agricultural Land 2,894 Riceland 4 Communal Marginal Transfer & Compensate Residential Land 324 Vacant 2 Private Marginal Compensate Government Land Approx. 6,323 Road Easement ROW - State/Public Marginal Government Rights 2.4.1 Magnitude of Impact on Land 19. The magnitude of Impact on Land was insignificant on the basis that the affected area of land is marginal. The area on residential lots was vacant and only improvement like trees and bamboo fence are affected. On the affected agricultural land, the area to be acquired was very negligible since the average width of the land intake is 1 meter to 1.5 meters from the edge of the existing road width. The total area of the privately owned land per owner was ranging from 9,500m 2 to 2 hectares, the affected area per APs was less than 10% of the total area of land they owned, and considered a marginally affected impact. However, in consideration on the disturbance, rehabilitation assistance will be given to APs to address the temporary disruption during construction. 20. The specific boundary of community-owned 2,894m 2 land was not available at the time of survey, but the owners had their landmark on their property boundaries with their estimated land area they occupy and claimed. The land area affected was based on the topographic survey of the consultant in the proposed alignment of the road. The boundary information will be updated after further survey in coordination with DLPCS and local stakeholders. 2.4.3 Impact on Crops 21. There were minimal impacts on agricultural land since the design is avoiding the disruption on rice fields and other crops. The design will have a limited effect on these crops by
8 maximizing the use of the existing width of the road. The design of retaining wall for slope along the road side is one of the design mitigation on this. The construction will be scheduled after the harvest of the rice crops to minimize the disturbance on the farmers. 2.4.4 Impact on Trees 22. There are 39 trees with different species that will be affected by the road alignment. The dominant specie is banana tree followed by mango, papaya, afocat, bua, coconut, jumbo-air, coffee and jackfruit respectively. There are minimal none fruit bearing tress alongside that will be affected; these are ai-teca, ai-ru, ai-kafe, ai-lele, ai-na and bamboo. See Table 2.4 Summary of Affected Trees and the List of affected trees. The basis of current market value came from the surveyed private trading on trees, woods and lumber, also from the recommended estimated value of the Ministry of Agriculture. Table 2.4 Summary of Affected Trees Kinds of Trees Number of Estimated cost per tree (USD) affected APs Appraised Surveyed Current Market Cost Banana 9 50 30 Mango 7 150 100 Guava 1 30 20 Coffee 2 60 50 Caiju (Cashew) 2 40 30 Jackfruit 1 60 50 Coconut 2 60 50 Bua 2 80 60 Afocat 2 60 50 Jambo-air 2 60 50 Aiata 1 60 50 Ai-teca 3 120 100 Ai-lele 2 150 100 Ai-na 2 200 150 Ai-kakeu 1 50 40 Bamboo 1 60 50 2.4.6 Impact on Structures 23. There are totaling of 28 structures to be marginally and severely affected involving a total of 152.90m² of floor area. This comprise: (i) 2 HHs with the area of 25.20 m², holding temporary, and permanent residential structures; (ii) 1 affected temporary stock room has an area of 2.25 m²; (iii) 9 shops of about 83.20m²; (iv) 4 temporary kiosk stands will lose about 20m²; (v) 4 concrete slab and eaves with a total area of 22.25 m²; (vi) 6 bamboo fences with 119 linear meters in length; and (vii) 1 public faucet. These are semi-permanent and permanent structures either informal settlers or encroachers on roadside government lands. Apart from the residential structures, small business structures, also known as kiosks and shop, will require to be moved back and reorganize their structure. There will be temporary business disturbance only during the construction time of the respective sections of the road. Income loss and reconstruction cost will be considered in this RP. See table 2.5 Summary of Impact on Structures. See the detailed description of impact per lot in Annex 2.
9 Table 2.5 Summary of Impact on Structures Area Degree of Impact APs Types of Structure Number of APs Affected (m 2 ) Severe (Entirely) Marginal (Partially) Estimated Value APs Area APs Area (USD) Permanent House 1 13.20 - - 1 13.20 2,000 Temporary House 1 12 1 12 - - 1,000 Permanent Shops 7 60.55 2 29.50 5 31.05 6,055 Semi-Permanent Shops 2 37.95 2 37.95 - - 3,036 Temporary Kiosk 4 20 4 20 - - 600 Temporary Stock Rm 1 2.25 1 2.25 - - 135 Concrete Slab & Eaves 4 22.25 4 22.25 - - 1,126 Bamboo Fence 6 119 (lm) 6 119 - - 2,380 Public Faucet 1 1 unit 1 3 - - 1,200 2.4.7 Impact on Income 24. After mitigation, there are 4 APs owning the land that needs to be acquired by the project. Land acquisition has a minimal impact on loss of income because the affected land was not so productive and less than 5% of their annual income. There are 12 APs to be affected by losing their tree resulting in loss of an asset. 13 households will temporarily lose their income from the kiosks/shops during construction of the particular section of the road that lies within the respective areas. After construction, they will reestablish these kiosks/shops and will continue their business as usual. The loss of income will be occurred due to structure loss of 13 shops and kiosk for two months of disturbance during contraction work in respective sections of the road. 2.4.8 Impact on Public Utilities 25. The improvement of the road will affect some basic utilities like electric post and water lines alongside within the shoulder. This was foresighted and considered by the road designer and it will be included in the cost of civil work. The project will make a plan prior to construction on relocating these affected utilities avoiding the substantial interruption on the community during construction. Unforeseen affected utilities will also be considered if found within the construction limit during construction. 2.4.9 Impact on Women and Vulnerable Groups 26. Attempts were made during socio-economic survey to assess the impacts of the subproject on women and vulnerable groups (VG). Discussions were undertaken with the women and community people to look into the current status and needs of the women in the subproject area and the potential impact of the resettlement and overall project on them. The assessment has not brought forth any adverse impacts of the subproject specific for women in particular; resettlement impacts are expected to be similar to men and women. The sub-project is anticipated to benefit them by strengthening connectivity and by accelerating new economic opportunities and poverty reduction that contribute towards the overall quality of life in their area.
10 3. SOCIOECONOMIC INFORMATION AND PROFILE 3.1 Working Methodology 27. A 100% socio-economic survey combined with 100% census of the APs was carried out during February to March 2013 to provide requisite details on the affected households (Ahs), assessing the magnitude of impacts and to identify measures for mitigation of adverse impacts. Interviews were held with the heads of the Ahs and family members at their residences to collect socioeconomic information of the affected population. Structured questionnaire (Annex 1) was used to collect details of the affected households. 3.2 Demographic Characteristics of APs 3.2.1 Population of APs 28. According to the census and socioeconomic survey, total identified APs are 171 splitting into 89 male and 82 female (Table 3.1). 3.2.2 Age of APs Table 3.1: Population of APs SI no. Description No. of APs Percent (%) 1 Male 89 52 2 Female 82 48 Total 171 100 % 29. Majority of the affected population are within age 18 to 50. A significant portion of APs are above 18 and aged 70 above are minor, i.e. under age 15. Table 3.2: Age distribution of APs Age features of the AP No of AP % of AP 0-4 years of age 23 13 5-18 years of age 62 36 Between 19 to 50 58 34 Between 51 to 70 23 14 >71 years of age 5 3 Total 171 100% 3.2.3 Marital Status of APs 30. Table 3.3 shows the marital status of the APs. From marital point of view, maximum of the APs (47 %) are married, 38% are unmarried and 15% are minors.
11 Table 3.3: Marital Status of the APs Marital Status Male Female Total No. % No. % No. % Minor 12 14 13 16 25 15 Unmarried 36 40 29 35 65 38 Married 41 46 40 49 81 47 Total 89 100 82 100 171 100% 3.2.4 Education of APs 31. Among the total number of APs, 15% are illiterate, i.e. below school age. Apart from them, it was found that majority of the affected population can read and write. 26% have junior high school and 23 % are senior high school or equivalent education attainment (Table 3.4). Table 3.4: Education of APs Level of Education No. of AP % of AP Illiterate 25 15 Able to read and write 59 34 Junior High School Equivalent 45 26 Senior High School Equivalent 38 23 University Graduate Equivalent/Upper 4 2 Total 171 100% 3.2.5 Ethnicity of APs 32. No major ethnic diversity or indigenous characteristics were observed among the surveyed APs. All the surveyed APs can be termed as mainstream Timor-Leste citizens. All of the surveyed APs were found to be followers of Christianity. All the surveyed APs were found to be using Tetum as the primary language. Table 3.5: Religion of APs Religion No of AP % of AP Christianity 171 100 % Islam - - Buddhism - - Hinduism - - Total 171 100 % 3.3 Characteristics of Households 3.3.1 Family Structure 33. Majority of the households surveyed are nuclear family households. Maximum family member was found to be 9 and minimum was 4. In an average, each AH has more than 5 members. This was based on the socio-economic survey last February 2013. 3.3.2 Economic Profile of AHs 34. Based on the socio economic survey last February 2013 the HH in the project area has an annual income between USD 500 to 2000. Only 10% have annual income in extend of USD
12 2000 but below 5000. More than 20% of the AH depend on business as source of income and about 5% are engaged in professional service. Table 3.7: Annual Income of Affected Families Amount (USD) Number of Families Percent (%) Up to 500 54 50 Above 500 and Below 2000 43 14 Above 2000 and Below 5000 15 10 Source: Survey carried out in February 2013. Average Income 120/month Table 3.8: Main Occupation of Affected Families Type of Occupation Number of Families Percent (%) Business &Agriculture 34 20 Commercial/Business 31 18 Professional/Business 9 5 No work/minor/studying 97 57 Total 171 100 % 3.3.3 Quality of Life Indicators 35. On the socio economic survey, majority (82%) of the AH have electricity supply and only 18 % have no electricity supply. About 84 %of the AHs are having piped water supply and 10 % are having supply from protected well. Unfortunately 6% of the AH were having supply from-unprotected sources. However, AH has the year round accessibility of road. Table 3.9: Housing, Electricity and Water Electricity Percent (%) AH having electricity supply 82 AH having no electricity supply 18 Total 100 Water supply AH having piped water supply 84 AH having water supply from protected well 10 AH having water supply from un-protected sources 6 Total 100 Accessibility Year-round accessibility 100% Source: Survey carried out in February 2013. 3.4 Economic Details of AHs 3.4.1 Poverty Status 36. The Timor-Leste Socio Living Standard Survey (TLSLS) establishes the official poverty lines, based on average national prices, derived from lower and upper poverty lines both of which include food and essential non-food items (minimum basic needs). The food portion of the poverty line is anchored to a daily intake of 2,100 calories per person. The lower poverty line
13 measures extreme poverty. Based on the TLSLS 2007 methodology, the predicted poverty incidence of Timor-Leste for 2009 is 41%. This suggests a drop of around nine percentage points compared to 2007, when poverty incidence had risen very sharply following the crisis and subsequent economic shock. The poverty prevalence derived from the 2009 updated TLSLS are provided in Table 3.10 Poverty in Impact Area. Table 3.10: Poverty Status in Impact Area Sub- District Poverty Incidence Poverty Depth Poverty Severity % of Population % of Total Poor Manatuto 43.3 9.8 3.1 18.6 14.2 Laclubar 58.6 19.8 7.4 5.8 11.5 Soibada 69.7 27.8 11.8 6.0 9.6 Natarbora 38.5 10.3 4.1 7.2 10.3 37. Average annual income of the project AHs in particular is USD 1440, i.e. USD 120 per month. Average family members per AH is 8.55. Hence average income per month per person of the AHs is USD 19.75. The TLSLS 2010 defines the upper poverty line to be US$ 26.68 per month per person and the lower poverty line to be US$ 21.53 per month per person. The poverty status of the most AHs therefore is below the poverty line. 4. LEGAL POLICY FRAMEWORK AND ENTITLEMENTS 4.1 Introduction 38. The RP is based on ADB s Safeguards Policy Statement of 2009 (SPS) as well as the Timor-Leste s applicable/domestic policy instruments and laws. The RP fits with the provisions of the Resettlement Framework (RF) that has been formulated to provide the basis of preparing the RP to mitigate adverse impacts under the subproject. The following section describes relevant policies, entitlements and eligibility for compensation and other resettlement entitlements. 4.2 Existing Policy and Legal Framework for Resettlement in Timor-Leste 39. Section 141 of the Constitution states that the ownership, use and development of land as one of the factors for economic production shall be regulated by law. Section 54 of the Constitution covers the right to private property and provides for: (i) (ii) (iii) (iv) Every individual has the right to private property and can transfer it during his or her lifetime or on death, in accordance with the law. Private property should not be used to the detriment of its social purpose. Requisitioning and expropriation of property for public purposes shall only take place following fair compensation in accordance with the law. Only national citizens have the right to ownership of land. 40. The first land law of Timor-Leste was promulgated in March 2003 and was designed to serve as an umbrella law for the rest of the land and property regime. The law defined State property of private domain, established the Directorate of Land, Property and Cadastral
14 Services (DLPCS) as a legal entity and defined its jurisdiction, and articulated general rules concerning land tenure and property rights to be further developed by ensuing legislation. Moreover, this law established a one-year period for both nationals and non-nationals to register their land claims. Effectively Law No. 1/2003 vests all land that belonged to the Portuguese state, and all state property acquired or built by the Indonesian regime, in the new state of Timor-Leste. 41. A decree issued by the Government in February 2011 provides for granting compensation to relocate unlawful occupants of State property based on humanitarian considerations. The Ministry of Justice (MOJ) through Ministerial Statute is yet to establish the basis for calculating compensation. Another decree promulgated in July 2011 passed in June 2011 provides for the granting of title certificates to landowners/persons in areas where cadastral surveys have been completed (following registration and verification of claims by the government) and confirmed that the claims to land are undisputed. 42. The Civil Code promulgated in 2011 which came into force in March 2012 includes a section that governs day-to-day land decisions such as the sale and lease of land. The following three laws were passed by Parliament but returned by President in the past. These laws are being redrafted for resubmission to Parliament: The draft Land Law decides who owns what land and in the case of conflicting claims, who has the strongest right to the land; The draft Expropriation Law (EL) determines the conditions and establishes the procedures under which the state can take land for "public good" and under which it will provide fair compensation. The draft Real Estate Finance Fund provides compensation as determined under the other laws. The draft Expropriation Law (EL) recognizes the right to private property and guarantee of fair compensation for expropriated land, as fundamental rights of citizens. Under the draft EL, the expropriation of property for public purposes will be only possible where it is not possible to acquire it amicably through private negotiations. The Council of Ministers, with advice of the Ministry of Justice, will be empowered to issue a notice of public purpose for expropriation. However, the Project s land acquisition will follow the procedures outlined in the RF and the RP for the sub-project, until such time as the draft EL is promulgated. 4.4 ADB Social Safeguard Policies 43. ADB s Safeguard Policy Statement (SPS) has following policy principles: (1) Screen early and assess resettlement impacts; (2) Carry out consultations with APs and develop a grievance redress mechanism; (3) Improve/restore livelihoods of APs through land-based strategies, replacement of lost assets, compensation at replacement cost, and additional benefits, as appropriate; (4) Provide appropriate assistance to physically displaced APs; (5) Improve living standards of poor APs and other vulnerable groups; (6) develop transparent procedures for negotiations; (7) provide assistance and compensation to non-titled APs for loss of non-land assets; (8) Prepare RPs; (9) disclose RPs to APs and other stakeholders and document the consultation process; (10) conceive and execute resettlement as part of the project; (11) deliver entitlements to APs before their physical or economic displacement; and (12) monitor and assess resettlement outcomes.
15 4.5 Project s Policy Framework and Entitlements 44. The legal and policy framework on resettlement in Timor-Leste has been compared with the requirements of ADB SPS. The resettlement policy principles for the project are as follows: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Resettlement impacts will be minimized through careful engineering design; APs will be systematically informed and consulted during the entire process of resettlement planning and implementation, including assessment of possible impacts on their livelihoods, acquisition of land/assets, determining compensation/resettlement options, and socio-economic rehabilitation measures. They will be informed of their rights and options and be invited to participate actively in the identification of mitigation and rehabilitation measures; In the consultation process, representatives of local governments, village chiefs, other community leaders and civil society organizations such as non-government organizations (NGOs) from the operational areas will be included. The customs and traditions, as well as the religious practices of all APs, will be respected and protected; The APs will be identified and registered as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cut-off date, usually around the time of initial consultations, at the subproject identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits; Consistent with ADB policies, eligible APs are those with (a) titles to land recognized on a legal basis; (b) no legal rights but have a claim to the land or assets, and are recognized through a process identified in the RP; (c) no legal right or claim to the land, but they are occupying it before the cut-off date; (d) whose land is temporarily affected. Eligible APs are entitled to compensation and livelihood rehabilitation measures sufficient to assist them to improve or at least maintain their pre-subproject living standards, income earning capacity and production levels; The institutions of APs, and, where relevant of their hosts, are to be protected and supported. Physically displaced and relocated APs will be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted; Lack of formal legal rights to assets lost will not deprive any AP from receiving compensation and payments for non-land assets and entitlements. Particular attention will be paid to the needs of vulnerable APs. This group of APs may include those without legal or recognizable title to the land or other assets, households headed by females, the elderly or disabled, and other vulnerable groups, such as people living in extreme hardship, landless and indigenous people that may be present in specific locations. Appropriate assistance will be provided to help them improve their socio-economic status; The concerns of women will be identified based on sex-disaggregated socioeconomic data, separate discussions on women s concerns, and ensuring adequate measures and budgetary allocations in the RP to compensate and resettle them in a manner that does not disadvantage them, and to provide for social and economic development in impacted areas. In this effort the assistance of national NGOs currently engaged in women s welfare and in income generation, environmental and human resource development programs may be sought;
16 (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) Since there are no significant differences in cultural and socio-economic identity among the different language groups, no specific adverse impacts are anticipated to warrant separate indigenous peoples plans. To ensure that the different language groups fully participate in planning and implementing resettlement, discussions and reports will be prepared and disclosed appropriately in the relevant languages. RPs will also include provision for any special measures that may be required. Resettlement planning decisions will be preceded by a social preparation phase where consultations will be held with APs, community leaders, local administrators, and NGOs, as applicable, to enhance the participation of these APs in negotiation, planning, and implementation; Payment for physical assets, i.e. houses, buildings and other structures, and non-physical assets such as lost income from productive assets or jobs, will be calculated at replacement cost and included in the RP; APs losing only part of their physical assets will not be left with a proportion inadequate to sustain their current standard of living. Such a minimum size will be identified and agreed upon during the resettlement planning process, and total restoration of the assets provided to restore or improve pre-project income and livelihoods; Land for land or asset for asset compensation is always the preferred method. However, if insufficient land or assets are available, or if the APs have a preference and the resettlement impacts are considered to be minor and do not undermine the livelihoods of APs, cash compensation at replacement costs will be provided based on negotiation with APs. For those experiencing significant impacts, assistance will be given to identify and purchase alternative land. Provision will be made in sub-project RPs for sustainable livelihood restoration measures so that affected people can improve or at least restore their standard of living to pre-project levels. A grievance redress mechanism, linked with existing traditional formal and informal systems and cognizant of cultural requirements, will be established to solve resettlement related disputes and complaints from APs; The full cost of land acquisition and resettlement, including the cost of surveys and of incremental administration by MPW/PMU and MOJ/DLPCS will be included in the project resettlement cost and adequate budgetary provision shall be made available during implementation; (xviii) All land acquisition, compensation, and resettlement activities will be satisfactorily completed and the subproject areas cleared of all obstructions before the commencement of civil works; and (xix) No works with resettlement impacts will be implemented before a RP has been prepared and approved in line with this RF. 1.6 Eligibility and Entitlements 45. All persons affected by losing of any fixed or mobile assets as of the cut-off-date will get appropriate compensation and rehabilitation assistance. 46. Cut-off Date under the sub-project is the date after which people will not be considered eligible for compensation, i.e. they are not included in the list of APs as defined by the census. The cut-off date for this subproject has been set as on 25 February 2013, the date of the detailed measurement survey. PMU/MPW has communicated to affected Sucos/Aldeas about
17 the cut-off date by conducting consultation to inform the affected local communities. People who move into the area after this date will not be entitled to any compensation. In case of the present subproject, the RP recognizes the affected persons eligible to receive compensation for their losses although they have no formal title but have a claim to the assets. 47. All APs identified as of the cut-off-date will receive fair compensation at replacement cost for the affected assets such as temporary and semi-permanent structures, kiosks, trees and other assets. Compensation at replacement cost for affected assets (houses, other structures) crops and trees will be adequate to replace losses. 48. The compensation at replacement costs have been determined based on the information gathered through rapid appraisal and consultation with the project affected people and their community, and relevant local authorities during the census and inventory of loss survey. Available data gathered in the project area like latest sale transaction and construction materials including labor cost were considered also in the estimation. See Table 9.1 Resettlement cost. This will be updated by a valuation specialist in coordination with DLPCS, which will be the basis for negotiation with the APs. 49. APs will also receive a reconstruction and relocation allowance; each AH having income loss will also receive a transitional allowance of US $100 per month (for 2 months). The vulnerable APs or women HH will be entitled to an additional transitional allowance for 1 month at monthly rate of US$ 100.00. This rate of US$ 100 as transitional allowance will be entitled for 4 months for the widow headed HH. The compensation and entitlements are presented in Table 4.1 Table 4.1: Entitlement Matrix Type of Loss Unit of Entitlement Details of Entitlements Responsibility 1. Loss of Structures 2. Assets of informal settlers/ encroachers. 2 HHs with Partial and total (loss) impact on structures (Residential and improvements like fence) located either inside or outside the ROW Informal settlers / nontilted APs identified by IOL losing assets/ commercial structure. Semi-permanent and temporary Kiosk/shop Compensation at replacement cost of affected structure estimated during IOL and finalized with DLPCS. Reconstruction grant estimated during IOL and finalized with DLPCS. Relocation assistance between AP estimated during IOL and finalized with DPLCS Compensation at replacement cost of affected structure estimated during IOL and finalized with DLPCS. Reconstruction grant estimated during IOL and finalized with DLPCS. Transitional allowance DLPCS with assistance from the PMU s ESU, Valuation Specialist and in consultation with relevant authorities will finalize the compensation at replacement cost for the affected structure as identified during IOL. Affected structures may be replaced by the civil works contractor under the direction of the PMU. DLPCS with assistance from the PMU s ESU, Valuation Specialist and in consultation with relevant authorities will finalize the compensation at replacement cost for the affected structure as identified during IOL.